Case Digest_Mejoff v. Director of Prisons, 90 SCRA 71
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FACTS: Boris Mejoff, an alien of Russian descent, was brought to Philippines from Shanghai, as a secret operative by the Japanese forces during the Japanese regime. Upon liberation, he was arrested as a Japanese spy by U.S. Army Counter Intelligence Corps. Then he was handed to the Commonwealth Government for disposition in line with Commonwealth Act no. 682. The People’s Court ordered his release but the deportation board taking his case found that Mejoff did not have travelling documents and his stay in the Philippines was illegal. This was brought to the immigration authorities. After investigation the Board of Commissioners of Immigration on April 5, 1948 declared Mejoff had entered Philippines illegally in 1944 without inspection and admission by the the immigration officials. It ordered that he deported on the first available transportation to Russia. Mejoff was under custody from his arrest on March 18, 1948. In May 1948, Mejoff was transferred to Cebu Provincial Jail together with three Russians waiting for the arrival of some Russian vessels. In July and August 1948 two Russian boats called Cebu Port. Their masters refused to take Mejoff and his Russian companions due to lack of authority to do so. In October 1948 after repeated failures to ship this deportee abroad, authorities transferred him to Bilibid Prison at Muntinlupa where he has been confined until 1949. This is also the belief of Commissioner of Immigration which will be the best interest of the country. Mejoff contented that he may not be deported because he was brought to the Philippines legally by the Japanese forces. Mejoff also contented that the statutory period under the laws has expired. Under Section 37 of the Philippine Immigration Act of 1940 any alien who enters this country “without inspection and admission by the immigration authorities at a designated point of entry” is subject to deportation within five years. In a of similar litigation “Borovsky vs Commissioner of Immigration”, the request for habeas corpus was denied stating: "It must be admitted that temporary detention is a necessary step in the process of exclusion or expulsion of undesirable aliens and that pending arrangements for his deportation, the Government has the right to hold the undesirable alien under confinement for a reasonable lenght of time. However, under established precedents, too long a detention may justify the issuance of a writ of habeas corpus. The meaning of reasonable time depends on circumstances like difficulties of obtaining a passport, availability of transportation, the diplomatic arrangement and efforts displayed to send the deportee. It is presumed that the government is making its efforts to carry out the decree of exclusion by the president considering the desire of the government to expel the alien. The government is really trying to expedite the expulsion of Mejoff. On the other hand, the record fails
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Case Digest_Mejoff v. Director of Prisons, 90 SCRA 71
Transcript of Case Digest_Mejoff v. Director of Prisons, 90 SCRA 71
FACTS: Boris Mejoff, an alien of Russian descent, was brought to Philippines fro Shanghai, asa secret operati!e b" the #apanese forces during the #apanese regie$ %pon liberation, he wasarrested as a #apanese sp" b" %$S$ Ar" Counter &ntelligence Corps$ Then he was handed totheCoonwealth'o!ernent fordispositionin linewithCoonwealth Actno$ ()*$ThePeople+s Court ordered his releasebut the deportation board ta,ing his case found that Mejoffdid not ha!e tra!elling docuents and his sta" in the Philippines was illegal$ This was brought tothe iigration authorities$ After in!estigation the Board of Coissioners of &igration onApril-, ./0) declared Mejoff had entered Philippines illegall" in ./00 withoutinspection andadissionb"thetheiigrationofficials$ &t orderedthat hedeportedonthefirst a!ailabletransportation to Russia$ Mejoff was under custod" fro his arrest on March .), ./0)$ &n Ma"./0), Mejoff was transferred to Cebu Pro!incial #ail together with three Russians waiting for thearri!al of soe Russian !essels$ &n #ul" and August ./0) two Russian boats called Cebu Port$Their asters refused to ta,e Mejoff and his Russian copanions due to lac, of authorit" to doso$ &n 1ctober ./0) after repeated failures to ship this deportee abroad, authorities transferredhi to Bilibid Prison at Muntinlupa where he has been confined until ./0/$ This is also the beliefof Coissioner of &igration which will be the best interest of the countr"$ Mejoff contentedthat he a" not be deported because he was brought to the Philippines legall" b" the #apaneseforces$ Mejoff alsocontentedthat thestatutor"periodunder thelawshase2pired$ %nderSection 34 of the Philippine &igration Act of ./05 an" alien who enters this countr" 6withoutinspection and adission b" the iigration authorities at a designated point of entr"7 is subjectto deportation within fi!e "ears$ &n a of siilar litigation 6Boro!s," !s Coissioner of&igration7, there8uest for habeascorpuswasdeniedstating:9&t ust beadittedthatteporar" detention is a necessar" step in the process of e2clusion or e2pulsion of undesirablealiens and that pending arrangeents for his deportation, the 'o!ernent has the right to holdtheundesirablealienunder confineent for areasonablelenght of tie$ :owe!er, underestablished precedents, too long a detention a" justif" the issuance of a writ of habeas corpus$Theeaningof reasonabletiedependsoncircustancesli,edifficulties of obtainingapassport, a!ailabilit" of transportation, the diploatic arrangeent and efforts displa"ed to sendthe deportee$ &t is presued that the go!ernent is a,ing its efforts to carr" out the decree ofe2clusionb"thepresident consideringthedesireof thego!ernent toe2pel thealien$Thego!ernent is reall" tr"ing to e2pedite the e2pulsion of Mejoff$ 1n the other hand, the recordfails to show how long he has been confined since his apprehension$ Mejoff did not also indicatethe neglected opportunities to send hi abroad$ %nless it is shown that the deportee is beingindefinitel" iprisonedunder pretenseof awaitingachancefor deportationor unless thego!ernent adits that it cannot deport Mejoff or unless Mejoff is held for too longperiod, ourcourts will not interfere$ The difference of this case fro Boro!s,"+s is in the fact that the recordshowthispetitioner hasbeendetainedsinceMarch./0)$ &n%$S$ adela"of *5onthsincarr"ing out an order of deportation has not been held sufficient to justif" the issuance of the writof habeas corpus$ This petition is denied$&SS%;:
